Citation Nr: 0709027
Decision Date: 03/28/07 Archive Date: 04/09/07
DOCKET NO. 04-30 108 ) DATE
)
On appeal from the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama
THE ISSUES
1. Entitlement to effective date prior to January 29, 1998,
for the grant of service connection for a seizure disorder.
2. Entitlement to an initial disability rating in excess of
10 percent for a seizure disorder.
REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESSES AT HEARING ON APPEAL
Appellant and his spouse
ATTORNEY FOR THE BOARD
Douglas E. Massey, Counsel
INTRODUCTION
The veteran served on active duty from July 1968 to July 1972
and from September 1972 to June 1976.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a December 2002 rating decision by the
VA Regional Office (RO) in Montgomery, Alabama, which
adjudicated the issues on appeal.
FINDING OF FACT
The Board was recently notified by the RO that the veteran
died.
CONCLUSION OF LAW
Due to the death of the veteran, the Board has no
jurisdiction to adjudicate the merits of this claim. 38
U.S.C.A. § 7104(a) (West Supp. 2005); 38 C.F.R. § 20.1302
(2006).
REASONS AND BASES FOR FINDING AND CONCLUSION
Unfortunately, the veteran died during the pendency of the
appeal. As a matter of law, appellants' claims do not
survive their deaths. Zevalkink v. Brown, 102 F.3d 1236,
1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330,
333-34 (1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994).
This appeal on the merits has become moot by virtue of the
death of the veteran and must be dismissed for lack of
jurisdiction. See 38 U.S.C.A. § 7104(a) (West Supp. 2005);
38 C.F.R. § 20.1302 (2006).
In reaching this determination, the Board intimates no
opinion as to the merits of this appeal or to any derivative
claim brought by a survivor of the veteran. 38 C.F.R.
§ 20.1106 (2006).
ORDER
The appeal is dismissed.
MARK W. GREENSTREET
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs